Section 398 in The Indian Penal Code, 1860
398. Attempt to commit robbery or dacoity when armed with deadly weapon.—
If, at the time
charge-sheet was submitted under Section 393/394
read with Section 34 and under Section 398 of IPC before the concerned
Metropolitan Magistrate ... under Section 393
and 394 read with Section 34 of Indian Penal Code. Accused Rahul was also
held guilty for offence under Section 398
years each for the offence punishable under
Section 393 read with Section 398 / 34 IPC and to pay a fine ... 398 IPC alongwith Sections 393 / 394 / 34
IPC by ignoring the fact that for holding appellants guilty under Section 398
guilty and convicted under Sections 395 and 397 read with
Section 120-B of the Indian Penal Code, 1860 (' IPC ... said Sections are satisfied. Section 397 IPC applies when
offence of decoity/robbery has actually been committed. Section 398
IPC
guilty and convicted under Sections 395 and 397 read with
Section 120-B of the Indian Penal Code, 1860 (' IPC ... said Sections are satisfied. Section 397 IPC applies when
offence of decoity/robbery has actually been committed. Section 398
IPC
minimum punishment has
been prescribed in Sections 392 and 393 IPC.
13. Sections 397 and 398 IPC are not substantive sections ... said Sections are satisfied. Section 397
applies when offence of dacoity/ robbery has actually been committed. Section 398 IPC
on the other hand
learned Additional Sessions Judge has been
convicted under Sections 398 and 458 of the Indian Penal Code
(hereinafter referred to as the IPC ... minimum
punishment has been prescribed in Sections 392 and 393 IPC.
11. Sections 397 and 398 IPC are not substantive sections
offences punishable under Sections 393 / 398 of the Indian Penal
Code, 1860 ( IPC ) and Sections 25 / 27 of the Arms Act, 1959 (Arms ... robbery and therefore, he has
been convicted under Section 393 read with Section 398 of the IPC on
the assumption that the country
convicting the
accused/appellant for the offence under Section 302 IPC.
Section 398 IPC reads as under:
"398. Attempt ... accused/appellant
for the offence under Section 302 IPC is converted to Section 304
Part I IPC and the sentence
Section 397 IPC. Furthermore, Section 397 is applicable to the
situation where the offence of robbery is complete.
29. Section 398 IPC ... that Section 392 IPC corresponds
to Section 397 IPC whereas Section 393 IPC corresponds to
Section 398 IPC